should i dispute with original creditor? help!!

Discussion in 'Credit Talk' started by addicted, Apr 16, 2017.

  1. addicted

    addicted New Member

    Reviewing my credit report I see the following:

    Charge off
    OC: Merrick Bank
    Date Open: 11/01/2012
    Credit Limit: $1,000
    Date of Last Payment: Ex shows 10/2014 however Eq is showing 9/2014
    Last status update: 4/2/2015

    Merrick Bank is the original creditor, still holds the acct AND has not sent an update to the CRA's in 2 years. Last date an update was sent was 4/2/2015. How should I tackle this? I was thinking of sending the following letter below to Merrick.

    Advice please

    Dear XX

    I have recently received a copy of my credit report. The Equifax report had an account listed from your company as a credit card. I disputed the account with the credit bureau as â??not mineâ? but it recently came back as verified.

    I am writing this letter to you in an effort to get this removed. Please delete your information from my credit reports. I have never had an account with your company. If someone has opened an account in my name, please close it immediately before further harm is done.

    I am requesting that you notify all of credit bureaus that this account is â??disputedâ? or that you delete this account until this matter is resolved. This is required by the Fair Credit Reporting Act.

    If there is any paperwork that I need to sign to confirm that this account is not mine, please send me the required documents.

    This is a written dispute of the this account per the Fair Credit Reporting Act, the Fair Debt Collection Practices Act and the Fair Credit Billing Act. Please be aware that I am exercising all of my rights per these laws and all other applicable laws protecting me.

  2. jam237

    jam237 Well-Known Member

    The FDCPA wouldn't apply to the OC, except in a few rare situations.

    Sending a letter to the OC is only the first step, you then need to dispute it with the CRAs. The dispute is not actionable without it going through the CRAs. The only thing (and it's a big thing) that it does do, is takes away any 'well the CRA said that you disputed this, not that.'

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